Kerala High Court
Raphy John vs The State Of Kerala on 11 November, 2021
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 11th day of November 2021 / 20th Karthika, 1943
WP(C) NO. 26458 OF 2014(F)
PETITIONER:
RAPHY JOHN, AGED 43, S/O.JOHN, PUDUSSERYPADY HOUSE,
THRIKKUR P.O, THRISSUR 680 306.
RESPONDENTS:
1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO
THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001 AND OTHERS
Writ petition (civil) praying inter alia that in the
circumstances stated in the affidavit filed along with
the WP(C) the High Court be pleased to issue an interim
direction permiting the petitioner to commence quarrying
operation in the survey number bearing No.1095/1,2 and
1096/1 of the Kallur village, on the strength of Ext.P6
quarrying lease pending consideration of the above Writ
Petition, in the interest of justice.
This petition again coming on for orders upon
perusing the petition and the affidavit filed in support
of WP(C) and this Court's order dated 20.10.2021 and upon
hearing the arguments of SRI.G.SREEKUMAR (CHELUR)
Advocate for the petitioner and of GOVERNMENT PLEADER for
the respondents, the court passed the following:
S. Manikumar, C.J.
&
Shaji P.Chaly, J.
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W.P.(C)Nos.11249 of 2010, 26458 of 2014,
35030 of 2016 & 335 of 2017
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Dated this the 11th day of November, 2021
ORDER
S.Manikumar, C.J.
On 27.11.2018, a Hon'ble Division Bench of this Court has passed the following order:
"These three cases are interlinked and the common allegation is that large number of quarries are being operated illegally by the private respondents in the Thrissur district on land assigned only for residential and cultivation purposes, under the Kerala Land Assignment Act and Rules.
2. The learned Additional Advocate General Sri.Ranjith Thampan would submit that the Government is proposing to revisit the applicable norms for permitting quarry operations in Thrissur and other areas of the State, particularly for assigned lands, which can be used only for limited purpose of residence and cultivation. He prays for time to file an affidavit reflecting the stand of the Government.
3. On the other hand learned counsel Sri.A.X.Varghese appearing for the petitioner in W.P. W.P.(C)No.11249 of 2010 & conn. cases -:2:- (C)38497/16 would submit that the petitioner be permitted to serve notice on the quarry operators by paper publication. He also prays for time to cross verify whether some of the proposed respondents in his writ petition, are common with those arrayed as respondents 8 to 42 in the W.P.(C)35030/16. If some of the respondents are common, the petitioner can save the cost of issuing notice to those quarry operators.
4. Having noted the above, the matter be listed after six weeks for the Government's response."
2. On 20.10.2021, we directed the respondents to file their respective counter affidavits.
3. On this day, when the matters came up for further hearing, Mr.S.Renjith, learned Special Government Pleader submitted that only yesterday, he came to know that there are other connected writ petitions. Even the present batch of writ petition files are not handed over to him and, therefore, he could not act, as per the directions issued on 20.10.2021.
4. Learned counsel for the respondents submitted that there are other writ petitions on the very same subject matter, W.P.(C)No.11249 of 2010 & conn. cases -:3:- relating to quarrying. Some matters pertain to activities of quarrying in the lands assigned with patta under the Kerala Land Assignment Act and others to quarrying where, patta is issued for special purposes such as rubber plantation and similar cultivation.
5. Learned counsel for the respondents further submitted that a Hon'ble Division Bench of this Court has considered similar issues and passed a detailed judgment, which has been affirmed by the Hon'ble Supreme Court. He seeks permission to submit a list of the connected writ petitions and also the judgment of the Hon'ble Division Bench stated supra.
6. Permission is granted.
7. Let the respondents furnish a list of connected cases and also a copy of the judgment of the Hon'ble Division Bench.
8. Mr.S.Renjith, learned Special Government Pleader, is directed to collect all the case files and furnish the details as to W.P.(C)No.11249 of 2010 & conn. cases -:4:- the extent of land, period of lease/licence, wherein quarrying activities are permitted.
Post on 29.11.2021.
Sd/-
S.Manikumar Chief Justice Sd/-
Shaji P.Chaly Judge vpv 11-11-2021 /True Copy/ Assistant Registrar